نشریه پژوهش های حقوق تطبیقی
سال هجدهم شماره 2 (پیاپی 84، تابستان 1393)

The guarantee of delayed payment price is one of the most important issues in the sales contract. The question is: “If the buyer does not pay the price on time، can the seller terminate the contract initially? Under the article 395 of civil code، the seller can require the buyer to pay the price or terminate the contract. But most of the writers، on the appearance of the article، have limited the seller''s right to terminate the contract to the option of the delayed payment of price that appertains to cash price. They believe that in terms of price، the seller has the right to require the buyer to pay the price. This theory not only causes difficulties and injustices، but also is not coordinate by the laws of the developed countries and international trade. It cannot be justified by the civil law too. According to the writer of this article، contrary to the popular opinion، in the case of delay in payment، the seller in addition to the right of enforcement، can terminate the contract whether it is cash price or deferred.

One of the fundamental criteria of a fair trail in the international criminal law is the right to be heard by an independent and impartial court. This general principle is respected by many international and regional human rights documents، and is emphasized upon greatly by the most legal systems of the contemporary world. There has been sufficient justification for application of judicial independence and impartiality by international judges and within the international hearings. The establishment of the International Criminal Court by the Rome Statute of 1998، and other related rules and regulations aim at guaranteeing the execution of this main principle. In spite of the great benefits، it seems that some amendments and revisions need to be done in order to make the principle more effective. This paper is an attempt to explain some important issues related to the independence of the International Criminal Court، and to identify some of its weak points.

In a documentary credit relationship، the person for the favor of whom the credit is openned، is not necessarily the last supplier. In fact، he hopes to buy goods from the last supplier and deliver it to the buyer. Transfer of credit is the third alternative rather than the beneficiary of the credit. It gives the first beneficiary right to benefit from differce of transferred credit and original credit prices. It also allows him/her to assign his/her obligations about that credit document delivery. There is disagreement about the legal nature of transfer of credit. The group argued that the benefits of credit can be transferred to a third party conditionally، so the legal nature of transfer is similar to the assignment of benefits. Others believe that as transfer of credit take places، the original legal relation will nullify، and a new relation between the second beneficiary and the transferring bank will be created. So، they believe that the legal nature of transfer of credit is more likely to novation. Various studies’ assessment shows that، despite of some differences between novation and transfer of credit، legal nature of the former is very similar to novation rather than other legal establishments.

intellectual property is the right، which has the economic value of transaction; however here the subject matter is not any definite material object. Iran has been poorly developed in intellectual property so that it lags behind others about one or two decades in this regard. According to the third clause of Article 2 of the Act concerning objectives and duties of Ministry of Science about evaluation and approval of inventions، and also Article 45 of the Act concerning the Fourth Program of Development regarding designing the comprehensive system of intellectual property by Ministry of Science، this system has important duties beyond this sector in this domain. In this research، the tenfold roles of higher education in the intellectual property system are formulated، and the respondents’ viewpoints about the degree of importance of each are compiled. Beside these efforts، the practical experiences of 26 prestigious universities in the world the area of intellectual property with emphasis on the subject of invention are aggregated. At last، a collection of strategic suggestions to promote the role of Iranian higher education in intellectual property is presented.

In Iran''s law، hesitation in the validity of aleatory contract is breaking of the principle of enforceability of definite determination of considerations. With the analysis of the Hadith of Rejection of Risk، a flexible interpretation of civil code (as the documents of principle)، and an analysis of the Principle of Unjust Enrichment، the Principle of Security in Action، public order، and the way of wise people (as the basics of principle)، it was specified that the mentioned documents and basics are not against the legality of aleatory contract. In Iran، legality of aleatory contract is justifiable with the Theory of Adequacy of Capability Determination of considerations that has been accepted by some Islamic experts. This theory that relays on hardship rule، public order and reasonable custom، is accepted in some cases of Civil Law. In Egypt''s Civil Law، considering the acceptance of the Theory of Adequacy of Capability determination، there is no hesitation in the validity of the mentioned contract. The reason for the acceptance of such a theory is the development of the conception of risk in customs. Having no effect of deception in the correction of aleatory contract is another reason for the correctness of the contract under discussion in Egypt''s law.

A proceeding without indictment or summary proceeding is a mechanism، which is provided by the legal systems in order to expedite criminal proceedings through elimination of some procedures. It is primarily relevant to minor offences، and applied without violating the principles of fair trial. In Iran، the proceedings are related to non-interference of the office of public prosecutions in the preliminary investigations of these cimes، which are conducted by the courts. This non-seperation of investigation and trial authorities makes serious doubts on impartiality of the courts. On the other hand، extending the scopes of these proceedings in Iranian legal system to Islamic punishments such as death and stoning for sodomy and adultery in some cases، and granting extensive powers to district courts، which handle crimes outside the jurisdiction of the Provincial Criminal Courts without indictment، have caused these proceedings being faced with significant uncertainty from the perspective of fair trial. However، in the legal system of England، proceedings without indictment are related to elimination of jury in Peace Courtsfor some minor crimes، which are conducted without violating the impartiality of the proceeding authority. The article examines characteristics of these proceedings in the legal systems of Iran and England.

Our country''s legislator in 2010 by pursuing the developed countries، in the form of Article 107 of the Fifth Development Scheme Act of Islamic Republic of Iran، provided the formation ground of economic-legal institution، “Economic Interest Group”، for joint economic and trading activities. The authors، while criticizing the placement of the mentioned article and defective statute in the Fifth Scheme Act، which is a temporary act، having pointed out the history of the Economic Interest Group، the necessity for its inclusion and comparing it with similar institutions as well، have analyzed the above article merely in terms of the requirements of forming Group، as well as the European Union’s procedure regarding The economic interest groups، and have put forward their perspective along with suggestions. This institution has almost the same function of “joint venture” without legal entity. However، it could also be different from “joint venture” concerning the liability of members against third-parties. There are also differences between the mentioned institution with consortium (Companies Union). Formation of Economic Interest Group is allowed and carried out for the purposes of trading and non-profitable activities with conforming to the Islamic rules and the principles of Harm Prohibition and Monopoly Prevention. The contract formation must be written having limited duration and registered in the Companies Registration Organization. There has been no any enforcement stipulated in Article 107 for failure to registering the Economic Interest Group’s contract formation in the Companies Registration Organization.